News & Analysis as of

Lessons from the National Football League in the Workplace

Regardless of whether one is a Miami Dolphins or NFL fan, the recent investigation by the NFL regarding allegations of bullying involving Jonathan Martin may tell a precautionary tale for all employers. Briefly, Martin left...more

No Harassment, No Problem: Idaho Court Holds Harassing Comments May Still Support Liability for Negligent Infliction of Emotional...

A November 27, 2013 opinion from the Idaho Supreme Court reinstated a former Assistant Vice Principal’s claim seeking damages for negligent infliction of emotional distress. This decision highlights that allegedly harassing...more

Workplace bullying on the rise

When an NFL lineman makes allegations that one of his teammates bullied him, people notice. A big, strong lineman in the macho world of pro football is not someone people think would or could be affected by teasing, jokes and...more

Employment Newsletter - October 2013: U.S. Supreme Court Limits Who Qualifies as a “Supervisor” under Title VII

On June 24, 2013, the United States Supreme Court in Vance v. Ball State University, 133 S.Ct. 2434 (2013), issued one of the most important decisions on workplace harassment under Title VII of the Civil Rights Act since it...more

Can Unpaid Interns Sue For Sexual Harassment? New York Court Says No Under City Law

On October 3, 2013, the U.S. District Court for the Southern District of New York dismissed an unpaid intern’s hostile work environment, quid pro quo sexual harassment, and retaliation claims brought under the New York State...more

EEOC Sues Wells Fargo for Same-Sex Sexual Harassment

Female Manager Sexualized Workplace, Employee Forced to Quit to Escape, Federal Agency Charges - RENO, Nev. -Wells Fargo Bank, N.A. violated federal law when it allowed a manager and employee to create a sexually...more

EEOC Sues Rizza Cadillac of Tinley Park, Citing Harassment of Arab and Muslim Sales Staff

CHICAGO - Rizza Cadillac, Inc. of Tinley Park, Ill., a suburb south of Chicago, violated federal law by encouraging a work environment which was hostile and offensive to Muslim and Arab sales staff, the U.S. Equal Employment...more

At Least The Unicorn Won’t Sue You

When not writing about the legal issues raised by my favorite TV shows, most of this blogger’s Law Law Land blogs have involved either employment law or social media issues. So you can imagine my sheer delight when the news...more

Labor & Employment: Clarifying Employer Liability for Supervisors Under Title VII: Vance v. Ball State University

It is commonly known that discrimination in employment based on race, color, religion, sex or national origin is illegal, and that employers should take care to reinforce these principles in the workplace. But knowledge...more

EEOC Sues Memphis Foods for Sexual Harassment of 16-Year-Old Female Employee

Federal Agency Charges KFC Store Manager Discriminated Against Minor - MEMPHIS - Memphis Foods LLC, the owner of a Memphis KFC restaurant, violated federal law by subjecting a teenage employee to sexual harassment and...more

EEOC Sues Cordia Senior Living for Retaliation

Federal Agency Says Westmont Senior Residence Fired Employee for Complaining About Sexual Hostile Work Environment - CHICAGO - A Westmont, Ill., senior living center violated federal law by retaliating against an...more

EEOC Sues Carolina Mattress Guild for Racial Harassment and Retaliation

Thomasville Company Subjected Black Employees to Racial Abuse, Fired One of the Victims for Complaining, Federal Agency Charges - GREENSBORO, N.C. - Carolina Mattress Guild, Inc., a Thomasville, N.C.-based mattress...more

EEOC Lawsuit Challenges Sexual Harassment at Davis Typewriter Company

Agency Says Office Manager Used Security Cameras to Ogle Female Subordinate's Breasts - MINNEAPOLIS - A Worthington, Minn., office furniture and office supply company violated federal civil rights laws by permitting...more

Supreme Court Makes it Harder for Employees to Bring Suits Under Title VII

The Potential Implications for Educational Institutions - Last month, at the close of its October 2012 term, the Supreme Court issued two important rulings in Title VII employment discrimination cases that make it...more

Your Greatest Risk: Retaliation Claims

Let’s start with the statistics. Last year, there were 99,412 EEOC charges filed; 37,836 of them – more than one out of every three – asserted retaliation. Put differently, more charges of retaliation were filed than any...more

Harassment, Once Removed

David Derr, a former employee of the Kern County Fire Department, filed a lawsuit against the department, his supervisor, James Rummell, and Kern County alleging Rummell repeatedly harassed Derr for having a lesbian daughter....more

Employment Law -- Jun 05, 2013

From the Hill: FMLA Amendment and Anti-Arbitration Legislation - Lawmakers on the Hill are considering two employment-related bills that would make changes to the Family and Medical Leave Act and invalidate pre-dispute...more

Top 4 Workplace Harassment Trends

Though sexual harassment is one of the most common forms of workplace discrimination, the trends employers are seeing in harassment claims are anything but typical. To stay ahead of the curve, employers need to keep...more

Ostracism and Petty Mistreatments May Collectively Rise to the Level of Hostile Work Environment for Light Duty Employee

A female plumber on “light duty” in the city of Chicago’s Department of Sewers filed a lawsuit alleging that her supervisor assigned menial work to her, prohibited her co-workers from interacting with her, and subjected her...more

Corporations Can’t Be Harassed

According to the U.S. Supreme Court, corporations have First Amendment rights, at least to the extent that they can make monetary contributions to political candidates.* However, the Tenth Circuit Court of Appeals recently...more

First Department Appellate Court Reinforces Liberal Standard For Hostile Work Environment Claims Under The New York City Human...

Hernandez v. Kaisman, No. 104989/07 (1st Dep’t Dec. 27, 2012): A group of female plaintiffs alleged that the defendant, a doctor who owned and operated a medical office, created a sexually hostile work environment in...more

Dynamic Year Expected in Labor and Employment Law

President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law – domestically and internationally. Here is a...more

Who Is Really A Supervisor? Employer Liability For Hostile Work Environment Claims

The Supreme Court recently held oral arguments in the case Vance v. Ball State University, 646 F.3d 461 (7th Cir. 2011), which addresses the meaning of a "supervisor" in hostile work environment claims. If the Court applies...more

Who Is a “Supervisor” Under Title VII and Why You Should Care

Oral Argument in Vance v. Ball State University Takes an Unexpected Turn - Late last month the U.S. Supreme Court heard oral argument in Vance v. Ball State University, No. 11-556. The issue that Vance is expected to...more

Second Circuit Approves Post-Judgment Injunction Due To Unique Facts Of Sexual Harassment

EEOC v. KarenKim, Inc., No. 11-3309-cv (2d Cir. Oct. 19, 2012): The Equal Employment Opportunity Commission (EEOC) filed suit on behalf of female employees who worked at the defendant’s Oswego, New York grocery store. During...more

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